Maximus, Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Income taxes

Income taxes

12 Months Ended

Sep. 30, 2018

The components of income before income taxes and the corresponding provision for income taxes are as follows (in thousands):



	Year ended September 30,
	2018		2017		2016
Income before income taxes:
United States	$	248,360	$	257,910	$	238,871
Foreign	50,849		56,325		47,097
Income before income taxes	$	299,209	$	314,235	$	285,968



	Year ended September 30,
	2018			2017			2016
Current provision:
Federal	$	42,318		$	70,476		$	69,025
State and local	13,459			15,594			15,595
Foreign	15,895			11,221			15,536
Total current provision	71,672			97,291			100,156
Deferred tax expense (benefit):
Federal	4,106			5,490			7,778
State and local	2,902			643			902
Foreign	(287		)	(1,371		)	(3,028		)
Total deferred tax expense (benefit)	6,721			4,762			5,652
Provision for income taxes	$	78,393		$	102,053		$	105,808

Our results for the year ended September 30, 2018, benefited from the effects of the Tax Cuts and Jobs Act (the Act), which was signed on December 22, 2017, and was effective from January 1, 2018. The Act reduced our annual tax rate, resulting in reduced expense and a one-time benefit from a reduction in our deferred tax liabilities. It also included a "toll tax" on our undistributed and previously untaxed earnings in foreign locations, which is payable over eight years and which we have included in our long-term liabilities. At September 30, 2018, we have not completed our accounting for the tax effects of enactment of the Act; however, as described below, we have made a reasonable estimate of the effects on our existing deferred tax balances and the one-time transition tax. For these items we recognized provisional amounts in income tax expense benefit. The toll tax will be included in our U.S. federal income tax return for fiscal year 2018, which is expected to be filed in July 2019.

Our federal statutory income tax rate for the first quarter of fiscal year 2018 was 35%; the rate for the remainder of the fiscal year was 21%. This resulted in a statutory rate for the fiscal year of 24.5%. The provision for income taxes differs from that which would have resulted from the use of this rate is as follows (in thousands):



	Year ended September 30,
	2018			2017			2016
Federal income tax provision at statutory rate of 24.5%, 35% and 35%	$	73,396		$	109,982		$	100,089
State income taxes, net of federal benefit	12,348			10,554			10,723
Foreign taxation	(1,531		)	(6,940		)	(3,976		)
Permanent items	1,176			970			1,284
Tax credits	(2,438		)	(4,851		)	(1,592		)
Toll tax	9,425			—			—
Deferred tax liability - tax rate change	(10,514		)	—			—
Vesting of equity compensation	(2,849		)	(6,569		)	—
Other	(620		)	(1,093		)	(720		)
Provision for income taxes	$	78,393		$	102,053		$	105,808

The significant items comprising our deferred tax assets and liabilities as of September 30, 2018 and 2017 are as follows (in thousands):



	As of September 30,
	2018			2017
Net deferred tax assets/(liabilities)
Costs deductible in future periods	$	20,254		$	30,794
Deferred revenue	5,197			20,703
Stock compensation	3,469			4,976
Net operating loss carryforwards	302			360
Amortization of goodwill and intangible assets	(27,054		)	(36,100		)
Capitalized software	(6,016		)	(9,197		)
Accounts receivable - unbilled	(7,854		)	(12,953		)
Property and equipment	(2,011		)	(3,924		)
Prepaid expenses	(2,927		)	(3,741		)
Other	(2,903		)	(3,333		)
	$	(19,543	)	$	(12,415	)

Our deferred tax assets and liabilities are held in various national and international jurisdictions which do not allow right of offset. Accordingly, our presentation of deferred taxes on our consolidated balance sheet is split between jurisdictions which show a net deferred tax asset and a net deferred tax liability. Our net deferred tax position is summarized below (in thousands):



	As of September 30,
	2018			2017
Balance of tax jurisdictions with net deferred tax assets	$	6,834		$	7,691
Balance of tax jurisdictions with net deferred tax liabilities	(26,377		)	(20,106		)
Net deferred tax liabilities	$	(19,543	)	$	(12,415	)

In fiscal year 2018, we remeasured our deferred tax asset and liability balances at December 22, 2017, based on the rates at which they are expected to reverse in the future. However, we are still analyzing certain aspects of the Act and refining our calculations, which could potentially affect the measurement of these balances or potentially give rise to new deferred tax amounts. The provisional amount recorded related to the remeasurement of our net deferred tax liabilities was a reduction to income tax expense of $10.5 million for the fiscal year ended September 30, 2018. Additionally, in connection with the required one-time U.S. repatriation tax on undistributed earnings, we recorded a provisional tax expense of $9.4 million. The Company will continue to analyze the Act to determine the full effects of the new law and monitor guidance from the United States Treasury Department as to the application of certain aspects of the Act. Additionally, we will monitor guidance for states and how they will organize their tax codes prospectively

We consider our foreign earnings in excess of the earnings subject to the one-time transition tax to be indefinitely reinvested outside of the United States in accordance with the relevant accounting guidance for income taxes. Accordingly, no U.S. deferred taxes have been recorded with respect to such earnings. As of September 30, 2018, our foreign subsidiaries held approximately $47.1 million of cash and cash equivalents in either U.S. Dollars or local currencies.

Cash paid for income taxes during the years ended September 30, 2018, 2017, and 2016 was $65.3 million, $87.8 million and $108.3 million, respectively.

The provision for income taxes includes all provision to return adjustments included in the year recognized in the financial statements.

We account for uncertain tax positions by recognizing the financial statement effects of a tax position only when, based upon the technical merits, it is "more-likely-than-not" that the position will be sustained upon examination. The total amount of unrecognized tax benefits that, if recognized, would affect our annual effective income tax rate was $1.3 million and $1.1 million at September 30, 2018 and 2017, respectively.

We report interest and penalties as a component of income tax expense. In the fiscal years ending September 30, 2018, 2017 and 2016, we recognized interest expense relating to unrecognized tax benefits of less than $0.1 million in each year. The net liability balance at September 30, 2018 and 2017 includes approximately $0.7 million of interest and penalties.

We recognize and present uncertain tax positions on a gross basis (i.e., without regard to likely offsets for deferred tax assets, deductions and/or credits that would result from payment of uncertain tax amounts). The reconciliation of the beginning and ending amount of gross unrecognized tax benefits was as follows (in thousands):



	Year ended September 30,
	2018		2017		2016
Balance at beginning of year	$	633	$	448	$	529
Increases for tax positions taken in current year	88		185		—
Reductions for tax positions of prior years	—		—		(81		)
Balance at end of year	$	721	$	633	$	448

We file income tax returns in the U.S. federal jurisdiction and in various state and foreign jurisdictions. We are no longer subject to federal income tax examinations for years before 2014 and to state and local income tax examinations by tax authorities for years before 2013. In international jurisdictions, similar rules apply to filed income tax returns, although the tax examination limitations and requirements may vary. We are no longer subject to audit by tax authorities for foreign jurisdictions for years prior to 2013.